Conditions

Terms and Conditions for Der süße Stopp

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1. General Terms and Conditions and Contractual Basis

1.1 The following provisions serve as the basis for all business relationships between "Der süße Stopp" - Zoran Obradovic and its business customers. These conditions are decisive for purchases made via our online platform as well as for direct orders. Individual agreements require written confirmation by "Der süße Stopp".

1.2 Company Information:

"Der süße Stopp" - Zoran Obradovic

Address: Seepromenade 22, 6213 Pertisau, Austria

Contact: +43 (0) 664 321 83 91, info@dersuessestopp.com

Website: www.dersuessestopp.com

VAT Identification Number: [ATU76837513]

Member of: WKO Schwaz and subject to the regulations of the Trade Regulation Act

Business Purpose: Trade

Court of Registry: Schwaz - Austria

1.3 The personal designations used in these GTC include all genders.

1.4 Contractual partners are companies that place orders with "Der süße Stopp" - Zoran Obradovic. By providing the VAT identification number, they confirm their entrepreneurial status according to the Commercial Code (UGB). "Der süße Stopp" reserves the right to withdraw from the contract if there are deviations from this information.

1.5 "Der süße Stopp" reserves the right to change or supplement these GTC as needed. The GTC valid at the time of the order apply to the business relationship.

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2. Product Offers and Contract Formation

2.1 Our product presentations in the online shop of "Der süße Stopp" are non-binding and do not constitute binding offers. The exact specifications of the products can be found in the respective product descriptions at the time of order. Product images are for illustration purposes only.

2.2 The products offered in our shop are primarily intended for professional use and should be treated according to the enclosed instructions and our guidelines. It is strongly recommended that installation be carried out by professional personnel.

2.3 Orders placed through our online shop are considered as an offer to purchase and require our confirmation. A purchase contract is concluded either with our express order confirmation or with the delivery of the goods. This is especially true for products that need to be pre-ordered or manufactured according to special customer requirements. In these cases, the contract is concluded after signing and mutual consent.

2.4 For custom-made products, special requests, and pre-orders, individual terms and conditions are agreed upon with the customer. This particularly includes regulations on down payments and withdrawal rights, which may differ from our usual conditions with cooperation partners. The validity of offers and the final prices are specified before signing the contract.

 

3. Scoop 

These GTC apply exclusively to all deliveries and services provided by Der süße Stopp, unless expressly agreed otherwise. Customer conditions that deviate from these are not recognized unless we have agreed to their validity in writing.

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4. Prices and Payment Modalities

4.1 Pricing: The prices listed on our website and in our online shop are exclusive of statutory VAT. In addition to the product prices, transport and delivery costs may also apply, depending on the delivery location and the ordered products. For more extensive orders, delivery costs are individually agreed upon with the customer.

4.2 Payment Terms for Stock Items: Products in stock are ready to ship after 100% payment has been received.

4.3 Payment Terms for Ordered Goods: For products that need to be ordered or produced, the production time usually ranges from one week to one month. Subsequently, the delivery time is typically 4-6 weeks. For these items, a staggered payment is required: 30% down payment at the time of ordering, another 30% before shipment from the factory, and the remaining balance a few days before delivery.

4.4 International Deliveries: Additional customs fees may apply for deliveries to certain countries.

4.5 Payment Methods: We standardly accept payments via bank transfer. Other payment methods can be negotiated upon customer request. We plan to offer more payment options in the future.

4.6 Late Payment: In the event of late payment, the contractually agreed interest on arrears will be charged. Additionally, the customer bears the costs for the necessary intervention of a lawyer according to the provisions of the Lawyers' Tariffs Act (RATG).

 

5. Warranty and Liability

5.1 Warranty Conditions: Our products, especially machines, come with a standard one-year warranty unless a different agreement has been explicitly made. Our customers are informed in detail about the specific warranty conditions.

5.2 Exclusion of Warranty: We do not provide a warranty for defects or damages resulting from improper use or natural wear and tear. Notwithstanding, statutory warranty claims remain unaffected.

5.3 Statutory Warranty: Statutory warranty rights apply unless excluded due to the nature of the product. The period for asserting claims for material defects is reduced to six months from the handover of the goods. It is the customer's responsibility to prove that the defect was present at the time of handover.

5.4 Defect Inspection and Notification: The customer is obliged to inspect the goods immediately upon receipt for defects and to report any defects found within one week of receipt in writing. Damages caused by faulty or abusive use by the customer, or if the damages do not impair the functionality (e.g., minor scratches or color deviations), are not considered defects.

5.5 Disclaimer of Liability: We are not liable for indirect damages, such as lost profits, interest losses, or consequential damages, unless such damages were caused by gross negligence or intentional actions on our part. This also applies to damages resulting from the delivery of defective goods or delivery delays.

5.6 Special Notes: Deviations in the performance of the products influenced by external factors such as power supply or used ingredients, if these deviations are within a single-digit percentage range, do not constitute a defect.

5.7 Procedure for Warranty Claims: In the event of a justified warranty claim, customers are asked to contact our customer service directly. We will then decide whether to rectify the defect, replace the product, or reduce the purchase price. We cover the return shipping costs for defective goods if the warranty claim is justified.

5.8 Goodwill Services: Regardless of statutory warranty rights, we strive to find customer-oriented solutions in case of problems or dissatisfaction within our possibilities. Goodwill services are provided without recognition of a legal obligation and do not affect statutory warranty rights.

5.9 Duty to Inform: We commit to informing our customers about changes in legislation regarding warranty and guarantee that affect our products. This also includes information on the proper disposal of electrical and electronic equipment according to the Waste Electrical and Electronic Equipment Act.

5.10 Customer Service Availability: Our customer service is available for questions, complaints, and notifications regarding warranty and guarantee on weekdays from 9:00 am to 5:00 pm. Contact details can be found on our website.

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6.Delivery, Shipping, and Delivery Conditions

6.1 General Delivery Conditions: The delivery of ordered products is made within the agreed delivery period to the address specified by the customer. The right of ownership of the goods is transferred to the customer only after full payment of all outstanding items.

6.2 **Transport and Delivery 

Costs: Depending on the delivery location and the type of ordered products, transport and delivery costs vary. While delivery costs for standard products are often included in the purchase price, they are calculated separately for larger orders or custom-made items. The exact conditions are individually agreed upon with the customer.

6.3 Delivery Times: Standard deliveries are dispatched within 5 working days after order confirmation, unless otherwise agreed. Products with different delivery times are explicitly indicated on the product page. No claims can be made for delays that are not caused by gross negligence or intentional misconduct on our part.

6.4 Special Orders: For large orders or products custom-made according to customer specifications, we transparently inform about the estimated production and delivery time. The organization of the delivery of such orders is carried out in close consultation with the customer.

6.5 Insurance and Risk: The transport of all shipments is insured until delivery to the customer. The risk of accidental loss or damage to the goods during transport is borne by our logistics partner until the handover to the customer.

6.6 Default of Acceptance: If the customer defaults on acceptance of the goods, we reserve the right to charge storage fees and insist on the fulfillment of the contract or to withdraw from the contract after setting a reasonable deadline. The customer bears the costs arising from the default of acceptance.

6.7 Disclaimer: We are not liable for damages or delays that are outside our sphere of influence. This includes, in particular, force majeure events or delays caused by the transport service provider.

6.8 Liability for Production and Supply Chain: We would like to point out that we do not accept liability for delays or damages that occur within the production and supply chain caused by third parties. This includes delays in production, transport, or unforeseen events at our suppliers.

6.9 No Liability for Consequential Damages: Furthermore, we are not responsible for indirect damages or consequential damages that could result from delayed delivery, such as lost profits, business interruptions, or other inconveniences to the customer. We advise our customers to consider this when planning and ordering and to take appropriate precautions if necessary.

6.10 Communication in Case of Delays: Should we become aware of possible delays or problems in the production or supply chain, we strive to inform our customers promptly to find a satisfactory solution together.

 

7.Right of Withdrawal/Right to Cancel and Cancellation Conditions

7.1 Cancellation Fees: In the event of a cancellation of the purchase contract by the customer, a cancellation fee of 25% of the total order amount is due. However, if the cancellation is made by our side, for example, due to non-compliance with payment agreements such as missing down payment or bank guarantee, the cancellation fee is 25% of the order amount.

7.2 Individual Cancellation Conditions: Different cancellation conditions must be agreed upon in writing at the time of contract conclusion.

7.3 Withdrawal in Case of Production or Delivery Problems: Since we are not the manufacturer of the goods sold, we reserve the right to withdraw from the purchase contract if insurmountable difficulties arise in the production or delivery by the producer that are not our fault. In such cases, the customer has no right to claim damages.

7.4 Cancellation by the Customer: Cancellations by the customer are only possible in exceptional cases and require our written consent. For approved cancellations, a fee of 25% of the purchase price is charged. It should be noted that specially made or specially ordered products are fundamentally excluded from cancellation.

7.5 Limited Right of Withdrawal: A right of withdrawal exists only in the cases provided by law, especially for products that are not suitable for return due to their nature. For products that are specially made according to customer specifications and for which a down payment was made, there is no right of return unless the products are defective or do not correspond to the agreed specifications.

7.6 Processing Fees: For the processing of cancellations, an additional handling fee may be charged, independent of the cancellation fees, to cover administrative efforts. The amount of this fee will be communicated transparently in advance.

7.7 Refund Modalities: In the event of a justified cancellation or a valid withdrawal from the contract, payments already made will be refunded minus the incurred cancellation fees within a specified period. The exact conditions and the deadline for the refund will be determined in advance.

7.8 Documentation: Customers are encouraged to document all communication regarding cancellations or withdrawals in writing and to keep the corresponding receipts. This ensures that all agreements are understandable and transparent.

7.9 Consultation on Cancellation: Before a cancellation, we recommend consulting with our customer service to discuss possible alternatives or solutions. In some cases, we may be able to find a solution satisfactory to both sides, making a cancellation unnecessary.

7.10 Order Adjustments: Should changes to an order become necessary, we strive to be flexible in accommodating customer wishes. However, changes to orders are only possible up to a certain point in the production process and may incur additional costs.

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8.Intellectual Property

8.1 Copyrights: All contents of our website and online shop, including texts, graphics, logos, images, are protected by copyright and are the property of us or our partners. Use without prior written consent is prohibited.

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9.Final Provisions

9.1 Jurisdiction: For all legal disputes arising from the business relationship between us and the customer, the court with substantive jurisdiction at the location of our company's headquarters shall have exclusive jurisdiction. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

9.2 Severability Clause: Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by one that comes closest to the original purpose.

9.3 Changes to the GTC: We reserve the right to change these GTC at any time. Changes become effective as soon as they are published on our website. For orders placed before the change, the GTC valid at the time of the order apply.

9.4 Communication: For effective communication, we ask our customers to promptly notify us of any changes to their contact details (especially email address) to ensure that important information reaches them.

 

10. Consumer Protection

10.1 Duty to Inform: We commit to fulfilling all legal information obligations towards consumers. This includes clear communication about prices, product features, delivery times, warranty conditions, and the right of withdrawal before the conclusion of the contract.

 

11. Data Protection and Security

11.1 Data Protection: We commit to protecting the privacy of our customers and handling their personal data in accordance with the General Data Protection Regulation (GDPR) and national data protection laws. Customer data is used exclusively for processing orders and is not shared with third parties unless necessary for contract processing.

12. Dispute Resolution

12.1 Online Dispute Resolution: We would like to point out that the European Commission provides a platform for online dispute resolution (ODR), offering consumers the opportunity to resolve disputes related to online purchases out of court.

12.2 Alternative Dispute Resolution: We are generally willing to participate in an extrajudicial arbitration procedure before a consumer arbitration board.

 

Closing Word

Customer Satisfaction: Our highest goal is the satisfaction of our customers. We are always eager to respond to customer wishes and needs and to solve any problems quickly and in a customer-oriented manner.

 

These Terms and Conditions are written in German. Austrian law applies.

The place of jurisdiction and fulfillment is the seat of "Der süße Stopp" - Zoran Obradovic in Pertisau, Austria.

Date: January 2024

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Please note that these GTC apply only to deliveries and services of Der süße Stopp. Different terms and conditions may apply to linked websites or third-party services over which we have no control.